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PLANNING BOARD MINUTES
MEETING OF APRIL 22, 2020
Minutes of the Lexington Planning Board
Held on April 22, 2020, Virtual Meeting per Governor Baker’s Order at 7:00pm
Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; Robert Peters, Clerk; Ginna Johnson; and Richard
Canale. Also, present was Amanda Loomis, Planning Director
Robert Creech, Chair, read the agenda into the record, introduced members of the Planning Board and Planning
Department Staff, and called the meeting to order at 7:00 p.m. on Wednesday, April 22, 2020.
Mr. Creech read the following statement relative to the recent outbreak of COVID-19.
Good evening. This meeting of the Lexington Planning Board is being conducted remotely consistent
with Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in the
Commonwealth due to the outbreak of COVID-19.
In order to mitigate the transmission of COVID-19, we have been advised and directed by the
Commonwealth to suspend public gatherings, and as such, the Governor’s Order suspends the
requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location.
Further, all members of public bodies are allowed and encouraged to participate remotely.
The Order, which you can find posted with agenda materials for this meeting allows public bodies to meet
entirely remotely so long as reasonable public access is afforded so that the public can follow along with
the deliberations of the meeting.
Ensuring public access does not ensure public participation unless such participation is required by law.
This meeting will feature public comment. For this meeting, the Lexington Planning Board is convening
by video conference via Zoom as posted on the Town’s Website identifying how the public may join.
Please note that this meeting is being recorded, and that some attendees are participating by video
conference.
Accordingly, please be aware that other folks may be able to see you, and take care not to “screen share”
your computer. Anything that you broadcast may be captured by the recording.
Development Administration
1. 91 Hartwell Avenue, Continued Public Hearing for Site Plan Review with Special Permits
Present for the Public Hearing: Attorney Ed Grant; Eric Joseph, Paul Finger Associates Inc.; Shaun Kelly,
Vanasse & Associates, Inc.; John Cappellano, Lincoln Property Company; Michael Foster, Lincoln
Property Company; and Paul Finger, Paul Finger Associates Inc.
Robert Creech, Chair opened the continued public hearing for the Site Plan Review with Special
Permits for the property at 91 Hartwell Avenue and then requested a presentation from the
Applicant.
Attorney Grant introduced the project team for 91 Hartwell Avenue. Attorney Grant reviewed
the status of the project since the last public hearing held on March 26, 2020.
Shaun Kelly provided a review of the project relative to transportation, site circulation, in
addition to mitigation measures to aid in the alleviation of traffic concerns associated with the
Page 2 Minutes for the Meeting of April 22, 2020
project. Mr. Kelly stated that employees would be provided with a MBTA pass, and that the
Applicant is working to implement various trip reduction programs, which include rideshare and
carpool programs for employees.
Paul Finger provided a review of the site design and engineering services that his firm
conducted for the project. Mr. Finger provided a review of the updated plans dated April
21, 2020 and April 22, 2020, in addition to a letter of comment dated April 16, 2020.
Mr. Creech requested comments from the members of the Planning Board. The following
comments were provided.
Charles Hornig stated that the Planning Board is waiting for information from the
wetlands and traffic peer reviews. Therefore, the Planning Board will not be in a position
to vote on this project tonight. Mr. Hornig requested a timeline from the project team
relative to the completion of the project. Mr. Finger provided a brief review of a timeline
relative to both the Planning Board and the Conservation Commission’s review.
Ginna Johnson requested that the project team review with the Planning Board the site
plan that showed the courtyard and highlighted that an accessible pathway be provided
from the accessible off-street parking spaces. Ms. Johnson stated her concerns relative to
accessibility, in addition to potential conflicts relative to site circulation. Ms. Johnson
requested clarification regarding waiver requests from the Sign Bylaw. Ms. Johnson
noted that she does not support waivers from the Sign Bylaw.
Richard Canale requested clarification from Ms. Loomis regarding the need to vote for
the use of a traffic peer review consultant. Mr. Canale requested clarification regarding
the off-street parking lot and the demand required for the project. Mr. Canale requested
clarification regarding the proposed traffic contributions that the project will provide.
Robert Peters requested clarification regarding the space to the right of the accessible off-
street parking spaces, previously reviewed during Ms. Johnson’s comments. Mr. Peters
requested clarification as to what the space is intended to be utilized for. Mr. Peters
further questioned the ability for emergency vehicles to circulate within said area.
Mr. Creech requested information regarding the size of the largest truck that would visit
the site for the purpose of ensuring adequate site circulation. Mr. Creech further
requested clarification about the potential of installing solar panels on the property.
Mr. Canale requested clarification regarding the parking garage which as proposed is not
attached to the building. Mr. Canale questioned if there could be a covered walkway to
get between the parking garage and the structure.
Mr. Creech opened the floor for public comment. The following public comment was
provided.
A statement that the project proposed should not be approved since it is does not comply
with existing zoning.
The Planning Board and the project team briefly discussed timeline for the project and
when the project team would be ready to come back to the Planning Board.
Charles Hornig moved that the Planning Board continue the public hearing to May 27,
2020 at 7:00pm. Robert Peters seconded the motion.
Minutes for the Meeting of April 22, 2020 Page 3
Mr. Canale requested that the Planning Board vote upon the use of a peer review
consultant for traffic before closing the public hearing.
Mr. Hornig withdrew his motion.
Richard Canale moved that the Planning Board require a transportation peer review to
provide an analysis and a review of the Transportation Demand Management (TDM).
Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion
5-0-0 (roll call Richard Canale – yes; Ginna Johnson – yes: Charles Hornig – yes;
Robert Peters – yes; and Richard Creech – yes). MOTION PASSED
Charles Hornig moved that the Planning Board continued the public hearing to May
27, 2020 at 7:00pm. Robert Peters seconded the motion. The Planning Board voted in
favor of the motion 5-0-0 (roll call Richard Canale – yes; Ginna Johnson – yes:
Charles Hornig – yes; Robert Peters – yes; and Richard Creech – yes). MOTION
PASSED
2. Lexington Hill Subdivision – 53 & 61 Walnut Street (Cart Path Lane) – Minor Modification
Present for the Public Hearing: Attorney Don Borenstein, Johnson & Borenstein, LLC.
Robert Creech, Chair, introduced the public meeting review of Lexington Hills Subdivision, containing
Cart Path Lane. Mr. Creech requested a presentation from Attorney Don Borenstein.
Attorney Borenstein provided a brief review of the project request, documentation
provided to the Planning Department, in addition to the project over the years since it was
originally approved. Attorney Borenstein referenced new questions received late this
afternoon from Planning Department staff, which responses were provided to. Mr. Creech
requested Attorney Borenstein review the questions and responses provided. Attorney
Borenstein presented the questions and responses as requested.
Mr. Creech requested comments from members of the Planning Board. The following
comments were provided.
Richard Canale requested that the plans be recorded and the project be buttoned up, in
addition to having the remaining eight (8) lots be constructed upon. Mr. Canale reviewed
the direction that the Planning Board should move towards, and questioned if staff felt
there was anything to hold up the project.
Charles Hornig requested clarification regarding the 2014 modification, which appears to
be effective despite never being recorded. Mr. Hornig requested further clarification
relative to the 2017 decision, which may be effective despite never being signed. Mr.
Hornig requested information relative to the homeowners and whether they have received
noticed or information relative to the proposed modification. Mr. Hornig questioned what
it will take to get the roadway completed. A request for the condition of the roadway and
would like to see the roadway be completed in a reasonable amount of time.
Ginna Johnson requested clarification regarding the easement and concerned that there is
not sufficient width for an accessible trail. Mr. Johnson provided a review of pedestrian
easement connections, and when completed would allow for an accessible trail. Ms.
Johnson requested Attorney Borenstein provide the images for the record. Ms. Johnson
concurred with Mr. Hornig’s request relative to the recording of the plans. Ms. Johnson
requested that staff ensure that if the recorded plans stated that the trail be accessible, that
the trail be accessible when constructed.
Page 4 Minutes for the Meeting of April 22, 2020
Robert Peters stated that he did not have any comments at this time.
Mr. Creech reviewed his recent site visit and highlighted deficiencies that he observed.
Mr. Creech noted the items that need to be resolved before the requested amendments can
be made.
Mr. Hornig stated that he was only recently able to get to the site and requested a series
of items before the Planning Board should vote on the amendments requested for the
project. Mr. Hornig stated that he wants to clean up the physical construction of the
subdivision.
Mr. Canale concurred with Mr. Hornig’s comments. Mr. Canale stated his concerns with
the Planning Board voting this amendment tonight, it would be expected that the
Planning Board would see this again.
Ms. Johnson concurred with Mr. Hornig and Mr. Canale’s comments.
Mr. Creech stated that the Planning Board is willing to cooperate but items need to be
cleaned up. Mr. Creech requested that Attorney Borenstein work with staff to resolve
outstanding items.
The Planning Board reviewed potential dates for the next meeting where they can get this
project resolved.
Ms. Loomis requested clarification from the Planning Board as to what they want staff to
be working on.
Mr. Creech stated that staff should work on the following items for the next public
meeting.
Updated plan sheets from the 2014 and 2017 plan sets.
Potentially work with Town Counsel to obtain an opinion regarding the concerns relative
to the law relative to notice of the landowners.
Increase the Letter of Surety, given that the project appears to be a project in trouble.
Prepare a draft decision for the project.
Obtain stormwater inspection logs, which the Operation and Management (O&M) Plan
and requires that they have to be provide to the Planning Department.
A request as to whether the Homeowners Association has been formed.
Ms. Loomis questioned if the Building Commissioner could issue an occupancy permit as
requested by the Applicant. The Planning Board discussed the request and stated that they
did not have any objection. It was noted that the Building Commissioner should not issue
the occupancy permit if there are other outstanding issues.
Mr. Creech stated that the Planning Board would continue this review on Wednesday,
May 13, 2020.
Board Administration
1. Minutes of April 15, 2020
The Planning Board reviewed the draft minutes of April 15, 2020. It was decided that the Planning Board
would take additional time to provide comments and edits to staff. The Planning Board agreed to vote
upon the minutes at the May 13, 2020, meeting of the Planning Board.
Adjournment
Charles Hornig moved that the Planning Board vote to adjourn. Robert Peters seconded the
motion. The Planning Board voted in favor of the motion 5-0-0 via roll call (Ginna Johnson –
Minutes for the Meeting of April 22, 2020 Page 5
yes; Robert Peters – yes; Charles Hornig – yes; Richard Canale – yes; and Robert Creech -
yes). MOTION PASSED
The meeting was recorded by LexMedia.
The following documents used at the meeting can be found on the Planning Board website in
Planning Board packets.
91 Hartwell Avenue:
The Woonaf Concept dated 12.7.12 (33 Pages).
Application Letter to the Planning Board dated 4.16.20 (4 Pages).
Revised Transportation Demand Management Plan April 2020 (13 Pages).
Drain Easement (3 Pages).
Revised Special Permit Request List dated 4.14.20 (1 Page).
Email from Attorney from Attorney Ed Grant dated 4.14.20 (2 Pages).
Peer Review Completeness and Technical Compliance Letter dated 4.20.20 (20 Pages).
Wetlands Replica Area Flow dated 4.20.20 (4 Pages).
Form 11 Soil Suitability Assessment for on-site Sewage disposal (8 Pages).
Flood Profiles (1 Page).
Test Pit Location Plan dated 2.7.20 (1 Page).
Lexington Hills Subdivision Plan (Cart Path Lane):
Request latter dated 4.15.20 (7 Pages).
Enclosure 1- 2014 Modification (6 Pages).
Enclosure 2-Grant of Easement Book 50138 Page 520 (3 Pages).
Enclosure 3-2017 Easement Relocation Instrument (5 Pages).
Enclosure 4-2017 Easement Plan (1 Page).
Enclosure 5-Amendment to Homeowners Association to include new easement location
(2 Pages).
Enclosure 6-Request 2017 modification dated 1.25.17 (11 Pages).
Enclosure 7-2017 Plan Modification (1 Page).
Enclosure 8-Draft 2017 Modification Decision (4 Pages).
Enclosure 9-Release of Covenant (3 Pages).
Enclosure 10-Photo of Easement location (1 Page).
Robert Peters, Clerk of the Planning Board